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Letter To Prof. John Hyman Re: Daniels/Davidson Article, Wendy J. Gordon Jul 1986

Letter To Prof. John Hyman Re: Daniels/Davidson Article, Wendy J. Gordon

Scholarship Chronologically

It was good talking to you. As I said, I profited a great deal from our initial conversations on the Daniels/Davidson issue, and I appreciate your willingness to be provide more feedback.


Constitutional Interpretation—The Uses And Limitations Of Original Intent, Thomas B. Mcaffee Jan 1986

Constitutional Interpretation—The Uses And Limitations Of Original Intent, Thomas B. Mcaffee

Scholarly Works

It is fitting that in the decade of the Bicentennial of the Constitution we have seen a renewal of debate over the meaning of the Constitution and what is required to remain true to it. An aspect of that debate has concerned constitutional interpretation and the role of “original intent”—or perhaps more broadly, “original context”—in any proper approach to the interpretive process. Unfortunately, the debate is frequently approached from virtually an either/or perspective, as though the intent of the Framers must either control all constitutional questions or be used as no more than window-dressing. While some advocates of original intent …